JUDGMENT

1. This second application for suspension of sentences under Section 389 CrPC has been preferred on behalf of the appellantapplicant Dilip who has been convicted and sentenced for the offence under Section 302/34 IPC vide the judgment dated 08.01.2021 passed by learned Additional Sessions Judge, Banswara, Camp Kushalgarh in Sessions Case No.47/2016.

2. Learned Public Prosecutor has chosen not to file reply to the application for suspension of sentence and proposed to argue the matter orally.

3. Heard learned counsel for the parties and perused the material available on record.

4. The first application for suspension of sentences filed on behalf of the appellant was dismissed as, his counsel Shri Shambhoo Singh did not press the same after arguing the matter at some length. Learned counsel Shri Vikram Singh representing the appellant-applicant urged that the appellant-applicant was on bail during the course of trial. He drew the Court's attention to the statement of the star prosecution witness, the child Pappu (PW.2) and urged that as per the evidence of this witness, the accused Dilip and Tita both inflicted lathi blow to his father, the deceased Dala. Attention of this Court